Cartwright v. Johnston
Michigan Supreme Court
Appeal from Wayne; Carpenter, J. Bill by William W. Cartwright and another against Cyrus Johnston and the Farmers’ Fire Insurance Company of York, Pa., for an accounting and an injunction. The defendant company filed a cross-bill, which was dismissed on demurrers interposed by the complainants and by defendant Johnston, and the company appeals. After the affirmance of Johnston v. Farmers' Fire Ins. Co., 106 Mich. 96, there was a delay in collecting the judgment.
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Appeal from Wayne; Carpenter, J. Bill by William W. Cartwright and another against Cyrus Johnston and the Farmers’ Fire Insurance Company of York, Pa., for an accounting and an injunction. The defendant company filed a cross-bill, which was dismissed on demurrers interposed by the complainants and by defendant Johnston, and the company appeals. After the affirmance of Johnston v. Farmers' Fire Ins. Co., 106 Mich. 96, there was a delay in collecting the judgment. After some time the complainants sued Johnston at law, and garnished the defendant company. Still later they filed this bill in…
1Opinion of the CourtGrant, J.
{after .stating the facts). It is -unnecessary to state the grounds upon which the defendant company asks relief. It was a nominal party, made necessary only to secure to the complainants the money due them on the judgment. The decree settled the entire controversy between complainants and Johnston. At that time the defendant company had not appeared in the suit. The decree operated as a discontinuance of the chancery suit so far as it concerned the insurance company. The injunction was dissolved, and the company was left to pursue such further remedy as it deemed advisable by independent…
2Cases cited2 opinions
- Widner v. OlmsteadMichigan Supreme Court · 1866
- Comstock v. ComstockMichigan Supreme Court · 1871
3Cited by1 opinion
- Farmers' Fire Insurance v. JohnstonMichigan Supreme Court · 1897